Civil Aviation Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 93 1

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Civil Aviation Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Civil Aviation Act 1988.

Dated 29 March 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

LAURIE BRERETON

Minister for Transport

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PART 1—AMENDMENT

1.Amendment

1.1   The Civil Aviation Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.Regulation 2 (Interpretation)

2.1   Subregulation 2 (1) (definition of “flight crew licence”):

Omit the definition, substitute:

“‘flight crew licence’ means a licence of a kind referred to in regulation 5.08 and issued under regulation 5.09;”.

2.2   Subregulation 2 (1):

Insert the following definitions:

“‘aircraft welding authority’ means an authority granted under regulation 33d;

‘manual welding’ means welding carried out and controlled completely by hand;”.

3.Heading to Division 4 of Part IV

3.1   Omit “and Airworthiness Authorities”, substitute

“, Airworthiness Authorities and Aircraft Welding Authorities”.

4.New regulation 29a

4.1   After regulation 29, insert in Division 4 of Part IV:

Interpretation

 “29a. (1)   In this Division:

‘aircraft welding examination’ means a welding examination:

• (a)

  based on examination materials published by the Authority in a document called “Aircraft Welding Examinations” as in force from time to time; and

• (b)

  conducted by the Authority or an authorised person;

‘welding training’ means practical and theoretical training that:

• (a)

  is based on Australian Standard AS 1796 as in force from time to time; and

• (b)

  is conducted by an organisation that carries out training in welding.

“(2)

For the purposes of this Division, the types of manual welding are as follows:

• (a)

  type 1—gas welding;

• (b)

  type 2—braze welding;

• (c)

  type 3—manual metal arc welding;

• (d)

  type 4—gas tungsten arc welding;

• (e)

  type 5—gas metal arc welding;

• (f)

  type 6—plasma arc welding.

“(3)

For the purposes of this Division, the parent metal groups are as follows:

• (a)

  group 1—aluminium alloys;

• (b)

  group 2—magnesium alloys;

• (c)

  group 3—carbon steel and low alloy steels;

• (d)

  group 4—corrosion and heat resisting steels;

• (e)

  group 5—nickel alloys;

• (f)

  group 6—copper-based alloys;

• (g)

  group 7—titanium alloys.”.

5.Regulation 33 (Testing of competency of holder of licence or authority)

5.1   Subregulation 33 (1):

After “licence”, insert “, an airworthiness authority or an aircraft welding authority”.

5.2    Subregulation 33 (2):

After “licence”, insert “, an airworthiness authority or an aircraft welding authority”.

6.Regulation 33b (Airworthiness authorities)

6.1   Paragraph 33b (1) (b):

Omit the paragraph.

7.New regulations

7.1   After regulation 33b, insert in Division 4 of Part IV:

Application for aircraft welding authority

 “33c. (1)  A person may apply to the Authority for an aircraft welding authority to carry out manual welding of a type, and on a parent metal group, mentioned in regulation 29a.

“(2)

An application must identify the type of manual welding and the parent metal group to which the application relates.

Grant of aircraft welding authority

 “33d. (1)   The Authority may grant an application for an aircraft welding authority if, and only if, satisfied that:

• (a)

  the applicant:

  • (i)

    has passed the aircraft welding examinations that the Authority considers necessary in the interests of the safety of air navigation; and

  • (ii)

    has successfully completed welding training in the type of manual welding on the parent metal group to which the application relates; or

• (b)

  the applicant holds a current qualification, issued by the Defence Force or a recognised authority, authorising the applicant to carry out manual welding for aeronautical purposes.

“(2)

Subject to this regulation, if an application is made for more than 1 type of manual welding and parent metal group, the Authority may grant the application in respect of some of the types of manual welding and parent metal groups and refuse it in respect of others.

“(3)

The Authority must not grant an application if satisfied, on reasonable grounds, that the applicant has knowingly or recklessly made a statement that is false or misleading in a material particular in relation to the application.

“(4)

The Authority must not grant an application unless satisfied that the applicant has paid any charge under section 66 of the Act in relation to the application and any penalty payable under that section in relation to that charge.

“(5)

The Authority must not grant an aircraft welding authority except under this regulation.

“(6)

If the Authority grants an aircraft welding authority, it must:

• (a)

  note the relevant type of manual welding and parent metal group on the authority; and

• (b)

  specify in the authority a period not longer than 2 years for which the authority is to remain in force.

“(7)

In this regulation:

‘recognised authority’ means an authority declared to be a recognised authority under regulation 33e.

Recognised authorities

 “33e. (1)  For the purposes of regulation 33d, the Authority may, in writing, declare an authority of a foreign country which issues qualifications for aeronautical purposes to be a recognised authority.

“(2)

A declaration must be published in the Gazette within 21 days after it is made.

Duration of aircraft welding authority

 “33f. (1)  Unless sooner suspended or cancelled, an aircraft welding authority remains in force:

• (a)

  for the period specified in it; or

• (b)

  if it has been renewed—until the end of the last period of renewal.

“(2)

If an aircraft welding authority is cancelled, its holder must, as soon as practicable, return it to the Authority.

Penalty: 5 penalty units.

Renewal of aircraft welding authority

 “33g. (1)  The holder of an aircraft welding authority may apply to the Authority for renewal of the authority within 3 months before the authority stops being in force.

“(2)

An application must have with it the aircraft welding authority.

“(3)

The Authority may renew an aircraft welding authority for a period not longer than 2 years if, and only if, satisfied that the applicant has passed the aircraft welding examinations that the Authority considers necessary in the interests of the safety of air navigation.

“(4)

The Authority must not grant an application for renewal if satisfied, on reasonable grounds, that the applicant has knowingly or recklessly made a false or misleading statement in relation to the application.

“(5)

The Authority must not grant an application for renewal unless satisfied that the applicant has paid any charge under section 66 of the Act in relation to the application and any penalty payable under that section in relation to that charge.

“(6)

The Authority must not renew an aircraft welding authority except under this regulation.

“(7)

If the Authority renews an aircraft welding authority:

• (a)

  it must note on the authority the period of the renewal; and

• (b)

  return the authority to the holder as soon as practicable after the renewal.

“(8)

If an application is not decided before the aircraft welding authority to which it relates would, but for this subregulation, stop being in force, the authority is taken to be in force until the day the application is decided.

Changes to aircraft welding authority

 “33h. (1)  The holder of an aircraft welding authority may request the Authority to approve a proposed change to any of the particulars set out in the authority.

“(2)

A request must:

• (a)

  be in the approved form; and

• (b)

  have with it the aircraft welding authority.

“(3)

Subject to subregulation (4), the Authority may approve the change if satisfied that the change will not have an adverse effect on the safety of air navigation.

“(4)

If the change involves adding a type of manual welding or parent metal group, the Authority may approve the change if, and only if, satisfied that the holder:

• (a)

  has passed the aircraft welding examinations that the Authority considers necessary in the interests of the safety of air navigation; and

• (b)

  has successfully completed welding training in the type of manual welding on the parent metal group to which the request relates.

“(5)

The Authority must not approve a request for a change if satisfied, on reasonable grounds, that the holder has knowingly or recklessly made a false or misleading statement in relation to the request.

“(6)

The Authority must not approve a request for a change unless satisfied that the holder has paid any charge under section 66 of the Act in relation to the request and any penalty payable under that section in relation to that charge.

“(7)

The Authority must not approve a change except under this regulation.

“(8)

If the Authority approves a change to an aircraft welding authority, it must note the change on the authority.

“(9)

The Authority must return an aircraft welding authority to its holder as soon as practicable after a request to approve a change is decided.

“(10)

A change:

• (a)

  has no effect unless approved; and

• (b)

  takes effect on the date of approval.

Conditions of aircraft welding authority

 “33i. (1)   An aircraft welding authority is subject to any conditions that the Authority considers necessary to impose in the interests of the safety of air navigation.

“(2)

A condition must be set out in the aircraft welding authority.

“(3)

The holder of an aircraft welding authority must not, without reasonable excuse, contravene a condition set out in the authority.

Penalty: 50 penalty units.”.

8.Regulation 42zc (Maintenance on Australian aircraft in Australian territory)

8.1   Regulation 42zc:

Omit “licence or an airworthiness authority” (wherever occurring), substitute “licence, an airworthiness authority or an aircraft welding authority”.

8.2   Subparagraph 42zc (5) (b) (ii):

Before “welding”, insert “manual”.

8.3   Regulation 42zc:

Add at the end:

“(10)

For the purposes of this regulation, an aircraft welding authority covers maintenance of a particular kind if the authority is issued for the type of manual welding and the parent metal group that is appropriate to that kind of maintenance.”.

9.New regulation 262ea

9.1   After regulation 262e, insert:

Radioactive material:

multilateral approvals under the Technical Instructions

 “262ea. (1)   If:

• (a)

  a provision of the Technical Instructions requires a design or a shipment to have a multilateral approval; and

• (b)

  the competent authority of the country of origin of the design or of the shipment has issued a certificate of approval of the design or shipment in accordance with a radioactive material transport law in force in that country;

the Authority may approve the design or shipment for the purposes of the provision mentioned in paragraph (a) solely on the basis of the competent authority’s certificate.

“(2)

In this regulation:

‘competent authority’ means an authority of a foreign country that is designated, or otherwise recognised, as the competent authority of that country for the purposes of the Technical Instructions or the International Regulations;

‘design’ has the meaning given in Part 7;7.1 of the Technical Instructions;

‘International Regulations’ has the same meaning as in the Code of Practice for the Safe Transport of Radioactive Substances 1990 approved under the Environment Protection (Nuclear Codes) Act 1978;

‘multilateral approval’ has the meaning given in Part 2;7.2 of the Technical Instructions;

‘radioactive material transport law’ means any national or international law, code of conduct, regulations or other instrument regulating the transport of radioactive material by air;

‘shipment’ means shipment by air.”.

10.Regulation 262p (Employees of operators—training relating to dangerous goods)

10.1   Subregulation 262p (5):

Omit “dangerous goods”, substitute “, or involved in handling, cargo”.

11.Heading to Part XIV

11.1   Omit “AND CERTIFICATES”, substitute 

“, CERTIFICATES AND AUTHORITIES”.

12.Regulation 263 (Interpretation)

12.1   Subregulation 263 (1):

Insert the following definition:

“‘authority’ means:

• (a)

  an airworthiness authority; or

• (b)

  an aircraft welding authority;

under Division 4 of Part IV;”.

12.2   Subregulation 263 (2):

After “licence” (wherever occurring), insert “or an authority”.

12.3   Subregulation 263 (3):

After “licence” (wherever occurring), insert “or an authority”.

13.Regulation 265 (Suspension of licence or authority for purpose of examination)

13.1   Subregulation 265 (1):

After paragraph (b), insert:

• “or (c)

  the Authority requires the holder of an authority to undergo an examination under regulation 33;”.

13.2   Subregulation 265 (1):

After “licence” (third and fourth occurring), insert “or authority”.

13.3   Subregulation 265 (2):

After “licence” (wherever occurring), insert “or authority”.

13.4   Subregulation 265 (3):

After “licence” (wherever occurring), insert “or authority”.

14.Regulation 266 (Cancellation at request of holder)

14.1   After “or certificate” (first occurring), insert “or an authority”.

14.2    Omit “or certificate” (second and third occurring), substitute “, certificate or authority”.

15.Regulation 267 (Variation at request of holder)

15.1   Subregulation 267 (1):

After “or certificate” (first occurring), insert “or an authority (other than an aircraft welding authority)”.

15.2   Subregulation 267 (1):

Omit “or certificate” (second occurring), substitute “, certificate or authority”.

15.3   Subregulation 267 (2):

After “certificate”, insert “or an authority”.

16.Regulation 268 (Suspension of licence, certificate or authority pending investigation)

16.1    Subregulation 268 (1):

After “or certificate” (first occurring), insert “or an authority”.

16.2   Subregulation 268 (1):

Omit “or certificate” (second, third and fourth occurring), substitute “, certificate or authority”.

16.3   Subregulation 268 (2):

After “certificate”, insert “or an authority”.

16.4   Subregulation 268 (3):

Omit “or certificate” (wherever occurring), substitute “, certificate or authority”.

17.Regulation 269 (Variation, suspension or cancellation of licence, certificate or authority)

17.1   Subregulation 269 (1):

After “or certificate” (first occurring), insert

 “or an authority”.

17.2   Subregulation 269 (1):

Omit “or certificate” (second occurring), substitute “, certificate or authority”.

17.3   Paragraph 269 (1) (a):

Omit “or certificate”, substitute “, certificate or authority”.

17.4   Paragraph 269 (1) (b):

Omit “or certificate” (first occurring), substitute “, certificate or authority”.

17.5   Paragraph 269 (1) (b):

After “or certificate” (second occurring), insert “or an authority”.

17.6   Paragraph 269 (1) (c):

Omit “or certificate”, substitute “, certificate or authority”.

17.7   Paragraph 269 (1) (d):

Omit “or certificate” (first occurring), substitute “, certificate or authority”.

17.8   Paragraph 269 (1) (d):

After “or certificate” (second occurring), insert “or an authority”.

17.9   Paragraph 269 (1) (e):

Omit “or certificate”, substitute “, certificate or authority”.

17.10   Subregulation 269 (3):

After “or certificate” (first occurring), insert “or an authority”.

17.11   Paragraph 269 (3) (a):

Omit “or certificate” (wherever occurring), substitute “, certificate or authority”.

17.12   Paragraph 269 (3) (b):

Omit “or certificate” (wherever occurring), substitute “, certificate or authority”.

17.13   Subregulation 269 (4):

Omit “or certificate” (wherever occurring), substitute “, certificate or authority”.

18.Regulation 270 (Effect of effluxion of time in relation to the suspension of licence, certificate or authority)

18.1   Subregulation 270 (1):

After “or certificate” (first occurring), insert “or an authority”.

18.2   Subregulation 270 (1):

Omit “or certificate” (second and third occurring), substitute “, certificate or authority”.

18.3   Subregulation 270 (2):

After “or certificate” (first occurring), insert “or an authority”.

18.4   Subregulation 270 (2):

Omit “or certificate” (second, third and fourth occurring), insert

“, certificate or authority”.

19.Regulation 272 (Liability for expense arising out of cancellation or suspension of licence, certificate or authority)

19.1   After “certificate”, insert “or an authority”.

20.Regulation 272a (Effect of cancellation of licence, certificate or authority)

20.1   After “certificate” (first occurring), insert “or an authority”.

20.2   Omit “or certificate” (second occurring), substitute

“, certificate or authority”.

21.Regulation 282 (Offences in relation to licences, certificates and authorities)

21.1   Subregulation 282 (4):

Omit “or certificate” (first occurring), substitute “, a certificate, an airworthiness authority or an aircraft welding authority”.

21.2   Paragraph 282 (4) (a):

Omit “or certificate”, substitute “, certificate, airworthiness authority or aircraft welding authority”.

22.Regulation 284 (Dishonest acts in relation to licences, certificates and authorities)

22.1   Regulation 284:

Omit “or certificate” (wherever occurring), substitute “, a certificate or an authority”.

22.2   Subregulation 284 (3):

Omit “and ‘certificate’”, substitute “, ‘certificate’ and ‘authority’”.

23.Regulation 297a (Review of decisions)

23.1   Subregulation 297a (1) (definition of “reviewable decision”):

After paragraph (b) insert:

• “(ba)

  a refusal by the Authority under subregulation 33b (1) to issue an authority; or

• (bb)

  a decision by the Authority under subregulation 33b (2) to issue an airworthiness authority subject to conditions; or

• (bc)

  a refusal by the Authority under regulation 33d to grant an aircraft welding authority; or

• (bd)

  a refusal by the Authority under regulation 33g to renew an aircraft welding authority; or

• (be)

  a refusal by the Authority under regulation 33h to approve a change to an aircraft welding authority; or

• (bf)

  a decision by the Authority under regulation 33i to impose a condition on an aircraft welding authority; or”.

23.2   Paragraph 297a (1) (v):

Omit “or aircraft endorsement”, substitute “, an aircraft endorsement, an airworthiness authority or an aircraft welding authority”.

23.3   Paragraph 297a (1) (w):

Omit “or aircraft endorsement”, substitute “, an aircraft endorsement, an airworthiness authority or an aircraft welding authority”.

24.Schedule 6 (CAA System of certification of completion of maintenance)

24.1   Subpart 2.5, item (b):

Omit “number or”, substitute “number, aircraft welding authority number or”.

24.2   Subpart 2.5, sub-item (n) (ii):

Omit “or airworthiness authority number”, substitute “, airworthiness authority number or aircraft welding authority number”.

PART 2—SAVINGS

25.Welding authorities

25.1   An authority in force under paragraph 33b (1) (b) of the Civil Aviation Regulations immediately before the commencement of these Regulations has effect after the commencement as if it were an authority granted under regulation 33d of the Civil Aviation Regulations as amended by these Regulations.

25.2   An authority to which subregulation 25.1 applies remains subject to any condition to which it was subject immediately before the commencement of these Regulations.

26.Pending applications

26.1   An application for an authority under paragraph 33b (1) (b) of the Civil Aviation Regulations that was made but not finally decided before the commencement of these Regulations must be treated after the commencement as if it had been made under regulation 33c of the Civil Aviation Regulations as amended by these Regulations.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 April 1994.

2. Statutory Rules 1988 No. 158 as amended by Statutory Rules 1988 Nos. 209, 373 and 376; 1989 Nos. 31 and 276; 1990 Nos. 100, 215, 216, 258, 260, 289, 310, 331, 332 and 466; 1991 Nos. 54, 147, 157, 247, 287, 382, 409, 410, 426 and 487; 1992 Nos. 36, 174, 254, 258, 279, 325, 342, 380, 417 and 418; 1993 Nos. 221, 268, 319 and  368.